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VOL. 10, ISSUE 3 (2024)
The right of the suspect to obtain state legal aid
Authors
Anshar, Din, Saleh
Abstract
The purpose of this research is to explain the factors behind suspects
not being accompanied by legal counsel. It is known that based on Article 56 of
the Criminal Code (KUHAP) it is stipulated that the defendant must fulfill the
requirements to receive assistance from a legal advisor appointed by the
investigator free of charge. This journal uses empirical juridical research
methods, namely legal research regarding the application or implementation of
normative legal provisions in action at each specific legal event that occurs
in society. The reality that occurred in this case was that the defendants were
not accompanied by legal advisors from the investigation process to the trial
process. Based on the research results, it is known that the absence of a
suspect or accused being accompanied is caused by several factors, namely the
Legal Substance or Law Factor, namely that there are no provisions or sanctions
if law enforcement officials violate Article 56 paragraph (1) of the Criminal
Procedure Code, second is the legal structure factor. shows that law
enforcement officers do not carry out their duties and authority properly, and
the third factor is legal culture, one of which is that the defendant believes
that legal aid only belongs to capable people who can pay the honorarium.
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Pages:127-131
How to cite this article:
Anshar, Din, Saleh "The right of the suspect to obtain state legal aid". International Journal of Law, Vol 10, Issue 3, 2024, Pages 127-131
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